These are the provisions on (…) you can see that its just a matter of review, because we have

stated that (...) , anyway,

sort of the review as ive said, because part of your consti 1.
When you read about the independent constitutional commissions, and again the independent commissions there are
three:
the commission on audit, civil service commission, and the comelec or the commission on elections.

They are called independent because they have

1. (power) to review,
2. they have fiscal autonomy,
3. they are not really part of the executive department,
4. that based on the constitution, they are supposed to be not under any of the department, of the branches;

Although by function, they function as implementing bodies of (the agencies); although they also exercise quasi-
judicial functions, and quasi-legislative functions.

However, for the comelec, or the commission on elections, (it is) basic question to say that they have judicial functions
because they have original (as well as) appelate jurisdiction when it comes to election cases.

Some cases, when we go back to earlier cases there was this question about the term practice of law. The case of
cayetano vs monsod. This was given as a bar question. Define practice of law. Christian monsod was appointed by
president corazon aquino as chairman of the comelec. It passed through the commission on appointments so he is now
occupying the position of chairman but the guy named by renato cayetano who happens to be the father of alan peter
cayetano and pia cayetano. (alan peter cayetano is the) Secretary of the department of foreign affairs, and pia cayetano
is a senator.

This guy renato cayetano questioned the qualifications of christian monsod, because he alleged that he did not meet
the qualification of having engaged in the practice of law for at least 10 years. The case went to the sc and sc had to
define the practice of law.

Any act indicating (...) has the application of the knowledge, crafts and experience of law. Essentially that was the
definition given by the sc and (…) that is now how (…) definition. Because it means to say that anything that has
relation to the law could be considered as any activity could be considered as practice of law.

So pag magddraft ka ng demand letter that is practice of law, yun and sabi nya, but thats not what the sc was really
saying, and in the explanation of that definition, the sc told us the story of samson and delilah. The time when delilah
talked to the enemies, and told him she will deliver samson to them.

(...story of samson and delilah unrelated to lecture, version not part of cayetano vs monsod, movie version...)

Delilah went to the (…enemies of samson...) and said I will deliver samson to you on two conditions: no blade shall
touch his skin and no blood shall flow from his veins. (…enemies of samson ...) agreed to the conditions “under oath.”

Delilah went back to samson, she shaved the head of samson. Nung nashave na, nakatulog si samson, delilah arranged
that the (…enemies of samson...) would come, and after shaving him, delilah said samson wake up your enemies are
here. Samson woke up and he found out that his strength got already little, he was no longer as strong as he was, and
the (...enemies...) captured him.

So masaya si delilah meron siyang reward, si samson naman malungkot. There was a time when samson was already
captured and he was forced to be a slave. Delilah sought him and nagpakita si delilah and sabi ni delilah ang yabang
mo naman pala at hindi mo ako pinapansin, ano ka ha? (…) he is merely a slave but he still (…);

and so delilah went near samson and she saw that samson does not recognize her. Sabi nya hey samson kala mo kung
sino ka hindi mo ako pinapansin, but when she approached samson she found out that samson was already blind.
Delilah went back to the (…enemies of samson...) and said what did you do? We had two conditions.
Sabi naman ni (…enemies of samson...) yes we complied, we never used any blade against him, no blood flowed from
his veins. Pero ang ginawa nila they heated an iron and then put it near the eyes of samson without it touching samsons
skin until samson became blind.

Sabi ng sc that is a wrong interpretation of the constitution. (…) the meaning of practice of law, we shall interpret, not
by the letter that killeth, but by the spirit that giveth life.
(…) but of course, the story did not end there but as to that case, thats what has been cited by the sc.

Lets have another case about appointment of commissioners. (...) In the case of trillanes (…), theres this issue about
temporary appointment of a commissioner of the comelec and the case went to the sc the sc said the constitution
mandates that the appointment shall be permanent, theres no such thing as a temporary appointment of a comissioner.

Of course we know that the term of a commissioner is seven years, except during the first implementation of the 1987
constitution where the commissioner served for 3 years, five years and seven years. But this time, its uniform 7 years.

Although subsequently after the first appointment those who were appointed to the position, has to be appointed by
different presidents, why because of the 7 year term. So hindi pwedeng lahat iaapprove ng isang presidente except
(…at the time...) that it was first implemented. They could be removed from office by impechment. Sila yung mga
kasali dun sa impeachable officials: president, vice-president, members of the sc, ombudsman, the (members) of the
independent constitutional (…).

We'll talk about election. You heard about the term presidential election. Presidential election (is when we) elect the
president, vice president, senators, etc. as to the election when we do not elect the president and the vice president,
(relevantly) as the (midterm) election.

Although thats not what the law says. (….) usage, mean use those terms, presidential election,
(…regular...) election. The term (…regular...) election of course refers to the election as mandated by law that happens
every (…three...) years. There was this case regarding the meaning of (…regular...) election. But it is used in the case
where there was a recall proceeding.

It is when a locally elected official can be removed from office on the ground of loss of confidence by the court.
And what is recall is that procedure whereby they conduct a certain process either through the (...ripping paper....)
assembly or through the registered voters and if they get the required number of signatures, then the petition or
(resolution) will be filed and upon the (…notification...), a recall election shall be conducted.

Now here is this locally elected official, subject of a recall proceeding, and when the recall election was supposed to
be conducted, he filed a petition in court, questioning the validity of the recall election, on the ground that it falls
within the limitation as (…prohibited by law...) .

Under the local government code, it says that recall proceedings is prohibited within 1 year from assumption of office.
So 1 year from assumption of office, that is (…july first...), no recall proceeding shall be had. And then again within
1 year prior to a regular election.

So he only had this window to file or to (…proceed with an...) election. It so happen that (…) particular official (…)
there is a scheduled sk election within 6 months from the time that they decided to (conduct) a recall election.

Ang sabi nya, it falls under the prohibition, because according to the local government code, no (…recall election...)
shall be had within 1 year prior to a regular election. The case went to the sc, and the sc has to nullify the (…) of the
election and an sk election is not a regular election. So we are now clear as to the meaning of (...) election. It is that
election that (comes) every three years. Of course theres also another term special election. That refers to an election
which isproper in the (…). vacancy, so there would be certain effects, that had prevented the holding of the regular
elections in that particular locality.

As to the functions of the comelec, it would be (administrative), quasi-legislative, it is quasi-judicial, and judicial.
Why? Because as far as election contest are concerned, election cases, it is the domain of the comelec. Eh di ba sabi
nila sa bagong batas that in the sk election those who will vote for the sk officials those who are at least 15 years of
age and not more than 30 years of age. (...sk age talk...)

As far as election is concerned, our references are the constitution, the omnibus electon code, and the related laws that
were recently enacted. (...act...), political advertisement, automated election, party-list system/law, we even (equate)
the dual citizenship law as far as election law is concerned.

Why because (inimical) ang dual citizen, you may be able to exercise the right of suffrage but that is not (…).and of
course when we talk about other laws there are laws like models of (…), absentee voting law, as well as other
(related )laws when it comes to election.

At the time of marcos it is a crime not to register as a voter at this time, if you are already of age you have to register
as a voter, otherwise you will be facing a charge. If you are registered as a voter you have to vote. If you will not vote
expect that a subpoena will be issued to you. But now of course because we enjoy the voters (…), it is up to you if
you want to register as a voter. Your act of non-registration does not carry any liability, except of course morally, if
you do not register as a voter and somebody who is not a good person is elected into an office, then you will carry the
burden of being troubled by your conscience.

For your next assignment, please read the omnibus election code.